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1963 Supreme(Bom) 53

H.R.GOKHALE
Shreelal Kajaria – Appellant
Versus
The State – Respondent


JUDGMENT - 1. This revision application is against an order made by the Additional Sessions Judge, Bombay, by which he directed certain witnesses to be examined as Court witnesses under Section 540 of the Criminal Procedure Code. The petitioner is the accused before the learned Additional Sessions Judge. The allegation of the prosecution is that the petitioner entered Into a contract on the 5th of September 1959, with the State Trading Corporation of India Ltd. for the supply of 7000 tons of Manganese Ore to be exported through the said State Trading Corporation of India Ltd. to Messrs. Ironside Ltd., London, through their agents in India. The first instalment of about 3000 tons of Manganese Ore was brought in the port premises In the year 1959, and after the petitioner received the Intimation to lift the load. It was actually loaded in the month of July 1960, In a ship specially assigned for the purposed The prosecution allegation further is that the petitioner received part payment on the strength of the letter of credit opened for that purpose. Some dispute arose between the State Trading Corporation and the Petitioner on the ground that the goods were encumbered with the Tokyo





























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